Are non-compete clauses valid if your position is an independent contractor?

Get Legal Help Today

 Secured with SHA-256 Encryption

Are non-compete clauses valid if your position is an independent contractor?

This is in a niche publishing business of magazines that serve the legal and healthcare profession and industry. The non-compete clause states:No solicitation of customers or subscribers. During the term of this agreement and for a period of 2 years thereafter, Contractor shall not take any action, directly or indirectly, or through third parties, which could reasonably result in customers, advertisers or subscribers obtaining services or magazines related to the Legal and Healthcare profession and industry from any other person or entity other than (this particular company).

Asked on April 25, 2013 under Employment Labor Law, Minnesota

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of most states in this country a non-compete clause with an independent contractor or an employee is not valid. What you have written about is a "non-solicitation clause" which is valid as written. However, if a customer comes to you as opposed to you soliciting the customer, work for that customer would seemingly be allowed.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption